The Kerala High Court has raised concerns over the state government’s decision to appoint a judicial commission to investigate the ongoing Munambam land dispute. On Friday, January 25, the court observed that the move appears to be an “eyewash,” questioning its validity since the dispute had already been settled through earlier judicial verdicts.
Justice Bechu Kurian Thomas, while hearing a petition filed by the Kerala Waqf Samrakshana Vedhi—a registered society working to protect Waqf properties—questioned the need for such a commission. “On a matter already concluded by a civil court judgment, affirmed by the High Court in appeal, can a Commission of Inquiry arrive at a different conclusion, opening up a Pandora's box?” the court asked, as reported by LiveLaw.
The court highlighted that a 1968 civil court judgment had declared the disputed 104 acres of land as Waqf property, a decision later upheld by the High Court in 1975. The Waqf Board had officially recognized the land as Waqf property. Despite these rulings, the state government appointed a judicial commission led by Justice C N Ramachandran Nair to re-examine the matter, a move the court suggested was beyond its authority.
“There is no exclusion in the appointment of the Commission regarding the 104 acres. It includes the Waqf property also, which you [the government] are not entitled to appoint a Commission for,” observed Justice Bechu Kurian Thomas. He further questioned the legal authority of the state government to constitute such a commission.
The High Court has adjourned the hearing to January 29 for further consideration.
The Kerala government had constituted the judicial commission on November 22, 2023, following a high-level meeting chaired by Chief Minister Pinarayi Vijayan. The commission was tasked with resolving the land dispute in Munambam, a coastal area in Ernakulam district. At the time, the government assured residents that no forceful relocations would occur.
The dispute centers around the Waqf Board’s claim that the land—reportedly gifted decades ago to Farook College in Kozhikode by a wealthy Muslim philanthropist, Muhammed Siddhique Sait—is Waqf property. This claim has led to prolonged legal complications, with local authorities refusing to accept land tax payments from residents.
The affected population, comprising nearly 800 families—600 of whom are Christians, with the remainder being Hindus and Muslims—has faced significant challenges since 2022, when restrictions were imposed on paying land taxes.